Getting Divorce before Removal of Conditions

[Migue786 0]

Your profile states "Removal of Conditions pending."

Have you received your 10-year Green Card yet, or is the ROC still being processed?

hey Justbob i got kinda the same problem i have been here for 2 years and i pay the fee for the 10years greencard and we were waiting on that but now we are having problems and think we gonna separate and my 2 years greencard expired my wife said she sent paperwork to take her dad (my sponsor) and her name out of the visa and she said that i have to re-apply by myself i need help what can i do now please

[YuAndDan 153]

hey Justbob i got kinda the same problem i have been here for 2 years and i pay the fee for the 10years greencard and we were waiting on that but now we are having problems and think we gonna separate and my 2 years greencard expired my wife said she sent paperwork to take her dad (my sponsor) and her name out of the visa and she said that i have to re-apply by myself i need help what can i do now please

She cannot withdraw sponsorship the I-864, however may or may not cause problems for the I-751 that is in process.

[Brother Hesekiel 2,235]

hey Justbob i got kinda the same problem i have been here for 2 years and i pay the fee for the 10years greencard and we were waiting on that but now we are having problems and think we gonna separate and my 2 years greencard expired my wife said she sent paperwork to take her dad (my sponsor) and her name out of the visa and she said that i have to re-apply by myself i need help what can i do now please

Your wife cannot withdraw her Affidavit of Support, but she can cause a lot of trouble if she contacts USCIS by sending a letter where she states that you guys are now separating/separated and decided to get a divorce.

If you filed the ROC jointly and at the time you did this there was no indication . . . . well . . . intention to end the marriage, you didn't do anything wrong.

Strictly speaking, if this now changes before the I-751 is approved, you would have to convert your petition to one with a waiver where you file again and have to prove that you entered the marriage in good faith. It's possible that your ROC is being approved very soon, meaning you'll get your 10-year Green Card in the mail, but it's also possible, if not likely, that you and your wife are being called in for an interview. Worse would be if you get your Green Card and then a letter from your wife arrives telling them that you split before the ROC was approved. The timing of this whole thing sucks, big time. I really don't want to advice you on what to do here. Obviously, you could just wait and hope for the best, although it's iffy, or you could convert your ROC by starting over. The problem I have with that is that it most likely will take some time before your divorce is final and your divorce needs to be final in order to get the I-751 adjudicated. You can file now, but you'll get an RFE for the missing divorce decree and if you can't provide it in the alotted time frame of approximately 88 days, you'll eventually get a day in court where you meet an immigration judge. At that point it's attorney time and it gets complicated and expensive.

That's all I can tell you without violating VJ rules.

[Migue786 0]

Your wife cannot withdraw her Affidavit of Support, but she can cause a lot of trouble if she contacts USCIS by sending a letter where she states that you guys are now separating/separated and decided to get a divorce.

If you filed the ROC jointly and at the time you did this there was no indication . . . . well . . . intention to end the marriage, you didn't do anything wrong.

Strictly speaking, if this now changes before the I-751 is approved, you would have to convert your petition to one with a waiver where you file again and have to prove that you entered the marriage in good faith. It's possible that your ROC is being approved very soon, meaning you'll get your 10-year Green Card in the mail, but it's also possible, if not likely, that you and your wife are being called in for an interview. Worse would be if you get your Green Card and then a letter from your wife arrives telling them that you split before the ROC was approved. The timing of this whole thing sucks, big time. I really don't want to advice you on what to do here. Obviously, you could just wait and hope for the best, although it's iffy, or you could convert your ROC by starting over. The problem I have with that is that it most likely will take some time before your divorce is final and your divorce needs to be final in order to get the I-751 adjudicated. You can file now, but you'll get an RFE for the missing divorce decree and if you can't provide it in the alotted time frame of approximately 88 days, you'll eventually get a day in court where you meet an immigration judge. At that point it's attorney time and it gets complicated and expensive.

That's all I can tell you without violating VJ rules.

Ok thank you guys for the information then i guess im in a very bad situation here cause yes she said she sent that letter but was around dec 20 and we went for the biometrics in sept 04 i think and she said that the case can take even 1 year to be approved, and where i can check my status or if my case has been touch? and what where i have to see my case number its in the letter we got from them?

[dolphin1 5]

Ok thank you guys for the information then i guess im in a very bad situation here cause yes she said she sent that letter but was around dec 20 and we went for the biometrics in sept 04 i think and she said that the case can take even 1 year to be approved, and where i can check my status or if my case has been touch? and what where i have to see my case number its in the letter we got from them?

The case number is in the biometrics letter you received. You can check you status by using it on USCIS website.